108th CONGRESS
1st Session
S. 975
To revise eligibility requirements applicable to essential air service
subsidies.
IN THE SENATE OF THE UNITED STATES
May 1, 2003
Mr. SPECTER (for himself and Mr. SANTORUM) introduced the following bill;
which was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To revise eligibility requirements applicable to essential air service
subsidies.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Essential Air Service Eligibility Fairness Act
of 2003'.
SEC. 2. MEASUREMENT OF HIGHWAY MILEAGE FOR PURPOSES OF DETERMINING ELIGIBILITY
FOR ESSENTIAL AIR SERVICE SUBSIDIES.
(a) DETERMINATION OF ELIGIBILITY- Subchapter II of Chapter 417 of title 49,
United States Code, is amended by adding at the end the following new section:
`Sec. 41745. Distance requirement applicable to eligibility for essential
air service subsidies
`(a) IN GENERAL- The Secretary shall not provide assistance under this subchapter
with respect to a place in the 48 contiguous States that--
`(1) is less than 70 highway miles from the nearest hub airport; or
`(2) requires a rate of subsidy per passenger in excess of $200, unless
such place is greater than 210 highway miles from the nearest hub airport.
`(b) DETERMINATION OF MILEAGE- For purposes of this section, the highway mileage
between a place and the nearest hub airport is the highway mileage of the
most commonly used route between the place and the hub airport. In identifying
such route, the Secretary shall--
`(A) the metropolitan planning organization designated under section 134
of title 23, United States Code, for the metropolitan planning area within
which such place is located; or
`(B) if no such organization exists, the Governor of the State in which
such place is located, or the Governor's designee; and
`(2) request, and accept as binding if provided within 60 days, the certification
of such organization or person as to the most commonly used route and the
corresponding highway mileage.'.
(b) CONFORMING AMENDMENT- The analysis for subchapter II of chapter 417 of
title 49, United States Code, is amended by inserting after the item relating
to section 41744 the following new item:
`41745. Distance requirement applicable to eligibility for essential air
service subsidies.'.
SEC. 3. REPEAL.
The following provisions of law are repealed:
(1) Section 332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000 (49 U.S.C. 41731 note).
(2) Section 205 of the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century (49 U.S.C. 41731 note).
(3) Section 334 of the Department of Transportation and Related Agencies
Appropriations Act, 1999 (section 101(g) of division A of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999) (Public Law 105-277;
112 Stat. 2681-471).
SEC. 4. SECRETARIAL REVIEW.
(a) REQUEST FOR REVIEW- Any community with respect to which the Secretary
has, between September 30, 1993, and the date of the enactment of this Act,
eliminated subsidies or terminated subsidy eligibility under section 332 of
the Department of Transportation and Related Agencies Appropriations Act,
2000 (49 U.S.C. 41731 note), Section 205 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 41731 note), or any prior law
of similar effect, may request the Secretary to review such action.
(b) ELIGIBILITY DETERMINATION- Not later than 60 days after receiving a request
under subsection (a), the Secretary shall--
(1) determine whether the community would have been subject to such elimination
of subsidies or termination of eligibility under the distance requirement
enacted by this Act; and
(2) issue a final order with respect to the eligibility of such community
for essential air service subsidies under subchapter II of chapter 417 of
title 49, United States Code, as amended by this Act.
END
